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Forfeiture by Authority of seized non‑compliant power‑assisted bicycles, etc.

Road Traffic Act 1961

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—(1) Without affecting section 95 or 95A, an order for the forfeiture of a vehicle seized or taken to a place of safety under section 95 or 95A may be made by the Authority if it is satisfied that —(a)the vehicle is a non‑compliant power‑assisted bicycle, a non‑compliant personal mobility device or a non‑compliant mobility vehicle;(b)an offence under section 5, 5A, 5B or 10 or any rules made under section 6 has been committed and that the non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle (as the case may be) was the subject matter, or was used in the commission, of the offence;(ba)at the end of 30 days after the date of the seizure or taking to a place of safety, no claim to the vehicle is earlier made in the prescribed manner to the Authority by a person who is not the person from whom the vehicle was seized or required to take the vehicle to a place of safety (or the latter person’s agent); and(c)a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 135.(2) Despite subsection (1), the Authority may at once order the forfeiture of a vehicle seized or taken to a place of safety under section 95 or 95A —(a)that is a non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle; and(b)that the Authority considers is of such a nature or in such condition that it would be dangerous for the Authority to retain custody, or its detention in a place of safety materially increases the likelihood of an outbreak of fire at the place of safety.(3) Upon receipt of a claim mentioned in subsection (1)(ba), the Authority may direct that the non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle be released or may refer the matter by information to a Magistrate.(4) The Magistrate is to, on receipt of an information under subsection (3), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter, and —(a)must order the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle (as the case may be) to be forfeited on proof that the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle was used in the commission of an offence under section 5, 5A, 5B or 10 or any rules made under section 6; or(b)may, in the absence of that proof, order the release of the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle, as the case may be.(5) In any proceedings under subsection (4), the burden of proof lies on the person asserting that the person is the owner of the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle concerned, and on the person from whom the non‑compliant power‑assisted bicycle, the non‑compliant personal mobility device or the non‑compliant mobility vehicle was seized, as the case may be.(6) In any proceedings in any court under subsection (4) in respect of the forfeiture of any vehicle seized in the exercise or the purported exercise of any power conferred under section 95 or 95A, no person is entitled to the costs of the proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.(7) Where any non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle is forfeited by the Authority under this section, the Authority may, after giving one month’s notice in the Gazette of the Authority’s intention to do so —(a)sell by public auction or tender the non‑compliant power‑assisted bicycle, non-compliant personal mobility device or non-compliant mobility vehicle and any uncollected item left in or on it; and a purchaser of any vehicle, article, item or thing sold in accordance with this paragraph acquires good title to that vehicle, article, item or thing; or(b)destroy or otherwise dispose of the non‑compliant power‑assisted bicycle, non-compliant personal mobility device or non-compliant mobility vehicle, article, item or thing, as the case may be.(7A) However, the Authority may direct that a non‑compliant power‑assisted bicycle, non‑compliant personal mobility device or non‑compliant mobility vehicle forfeited by the Authority under subsection (2) and which is the subject of a notice under subsection (7) be returned to a person if —(a)before the end of the period of the notice in subsection (7), the Authority receives from that person a written objection to the intended sale, destruction or disposal of the vehicle and showing good cause why possession of the vehicle should be returned to the person; and(b)there is no reasonable cause for the Authority to believe that an offence under this Act has been committed and the vehicle was the subject matter, or was used in the commission, of the offence.(8) The proceeds of a sale by public auction or tender of any vehicle, article, item or thing under subsection (7) must be applied as follows:(a)firstly, in payment of the expenses occasioned by the sale;(b)secondly, in payment of storage or other expenses incurred by the Authority in relation to the vehicle, article, item or thing;(c)thirdly, by payment of the balance into the Consolidated Fund.(9) In this section —“non‑compliant mobility vehicle” has the meaning given by the Active Mobility Act 2017;“non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under the Active Mobility Act 2017 either for all personal mobility devices generally or for the particular type of that personal mobility device;“non‑compliant power‑assisted bicycle” means a power‑assisted bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under section 6 or the rules made under that section either for all power‑assisted bicycles generally or for the particular type of that power‑assisted bicycle.

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